CASES

Sinclair Collis Ltd and Nacmo v The Secretary of State for Health [2011] EWCA Civ 437

17 June 2011

The Court of Appeal handed down judgment today upholding legislation which will prohibit the sale of tobacco from vending machines.

It rejected appeals brought by a subsidiary of Imperial Tobacco and members of the cigarette vending machine industry. They argued that the legislation was unlawful in that it contravened the free movement of goods provisions of EU law (Article 34 TFEU) and property rights protected by Article 1 Protocol 1 of the ECHR.

The majority of the Court of Appeal (the Master of the Rolls and Arden LJ, Laws LJ dissenting) held that the legislation fell within the broad margin of appreciation accorded in the field of public health and was proportionate. In doing so, they upheld the decision of the President of the Queen's Bench Division who had dismissed the application for judicial review brought against the Secretary of State for Health.

Nicholas Paines QC and Ian Rogers appeared for the Secretary of State for Health in the Court of Appeal and in the High Court.

To read the Lawyer's article, please click here.

To read the judgment please click here.

Please click below for more information on:
Nicholas Paines QC
Ian Rogers